PEOPLE v. ANDERSON


39 N.Y.2d 764 (1976)

The People of the State of New York, Respondent, v. Phyllis Anderson, Appellant.

Court of Appeals of the State of New York.

Decided April 27, 1976.


Attorney(s) appearing for the Case

Jane E. Berger and William E. Hellerstein for appellant.

Nicholas Ferraro, District Attorney (Howard W. Newman of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order should be reversed and the information dismissed on the ground that the People failed to establish, beyond a reasonable doubt, the defendant's guilt of disorderly conduct, resisting the arrest of her brother or her own arrest. There was insufficient evidence that the defendant in any way resisted her own arrest effected outside the building. As regards the charge that she resisted her brother's arrest...

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